State ofUtah 

GARY R. HERBERT 

Governor 

GREG BELL 

Lieutenant Governor 

September 21, 20 I 0 

Department of 

Environmental Quality 

Amanda Smith 

Executive Director 

DIVISION OF AIR QUALITY 

Cheryl Heying 

Director 

Callie A. Videtich, Director 

Air and Radiation Program 

US EPA Region 8 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

Dear Ms. Videtich: 

Re: Section 110 Plan to Support the 2006 PM2.5 NAAQS 

DAQP-020-l 0 

Section 110(a)(1) of the Clean Air Act (CAA) requires that, within 3 years following the promulgation of a 

National Ambient Air Quality Standard (NAAQS), each state will submit a plan providing for the 

implementation, maintenance, and enforcement of such standard. The NAAQS for PM2.5 were signed on 

September 21,2006. Hence, these Section 110 plans were due to EPA by September of2009. 

The most recent guidance1 indicates that, in many cases, the section 110 plans to address the 1997 PM2.5 

NAAQS may already be adequate to implement the 2006 PM2.5 NAAQS because many of the required 

section 11 O(a)(1) and 11 O(a)(2) elements relate to the general information and authorities that constitute the 

"infrastructure" of a state's air quality management program, and these elements have been in place to 

address particulate matter since the initial State Implementation Plans (SIPs) were submitted in response to 

the 1970 Clean Air Act. 

To that end, some background concerning the Section 110 SIP and the 1997 PM2.5 NAAQS may be 

helpful. 

In addressing the 1997 PM2.5 NAAQS, wherein PM2.5 was first introduced as the indicator of fine 

particulate matter, Utah indicated, by letter of March 27, 1998, that it had reviewed its 110 SIP and 

believed that no revisions would be necessary to implement the revised particulate matter standards. Such 

assessment was consistent with what EPA had anticipated in its initial guidance, dated December 23, 1997. 

1 Guidance on SIP Elements Required Under Sections llO(a)(l) and (2) for the 2006 24-Hour Fine Particle (PM25) 

National Ambient Air Quality Standards (NAAQS); From William T. Harnett, Director Air Quality Policy Division, 

Office of Air Quality Planning and Standards, To Regional Air Division Directors, Regions I-X; Dated September 

25,2009 

195 North 1950 West • Salt Lake City, UT 

Mailing Address: P.O. Box 144820 • Salt Lake City, UT 84114-4820 

Telephone (801) 536-4000 • Fax (801)536-4099 • T.D.D. (801) 536-4414 

www.deq.utah.gov 

Printed on 100% recycled paper 
DAQP-020-1 0 

Page2 

However, additional guidance (dated August 15, 2006 and October 2, 2007) identified several issues that 

would require special consideration. These were the interstate transport issues to be addressed under 

110(a)(2)(D)(i) and the emergency episode provisions of section 110(a)(2)(G). EPA indicated that, with 

respect to the latter, it intended to initiate rulemaking in order to provide the necessary numerical limits and 

concentration levels for emergency episode action plans involving PM2.5. 

In a letter dated December 3, 2007, Utah reiterated that all the elements identified in the October 2, 2007, 

guidance were addressed in its current SIP and were adequate to implement the 1997 PM2.5 NAAQS (as 

well as the 1997 8-hour ozone NAAQS). Utah also indicated that it would take appropriate action to 

amend its emergency episode plan as soon as the EPA revised 40 CFR section 51.150 to establish priority 

classifications and establish a significant harm level for PM2.5. 

Via e-mail of March 3, 2008, EPA provided clarification concerning the information it would need in order 

to complete its review of the section 110 SIPs. The e-mail referenced EPA's earlier guidance of August 15, 

2006, and October 2, 2007, and indicated that a certification of SIP adequacy may be submitted where 

appropriate. The email requested that such state certification include a completed PM2.5 criteria table, a 

draft of which was attached. Additionally, it reiterated the following with respect to certain ofthe Section 

11 0 requirements: 

• It noted that, in addressing section 11 O(a)(2)(D)(i), states were not required to submit PSD and 

Nonattainment NSR program SIPs for PM2.5 until EPA had completed a revision of the federal 

regulations covering these programs, and 

• Until EPA revised the Emergency Episode Plan and significant harm levels for PM2.5, it 

recommended that states rely on interim guidance to satisfY the Section 110 (a)(2)(G) 

requirements. 

In response to the e-mail, Utah sent another letter dated April 17, 2008. Attached to the letter was a 

completed PM2.5 criteria table which provided a more detailed assessment of how Utah's SIP addressed 

each of the elements identified in section 110(a)(2). 

EPA did publish a finding in the federal register (see FR Vol. 73, pp. 62902) that Utah's submittal was 

complete with respect to Section 11 O(a)(2.) However, the issue of approval was not addressed, and it is 

therefore somewhat more difficult to point to the adequacy of this SIP with respect to the 1997 PM2.5 

NAAQS as an indication of its suitability to support the revised NAAQS of2006. 

Nevertheless, as we evaluate each ofthe program elements described in CAA Section 110(a)(2), we are left 

to assume that the SIP Utah has in place is indeed adequate to support the 1997 NAAQS for particulate 

matter. Furthermore, and in keeping with EPA's most recent guidance, we will conclude that it is also 

adequate to administer the PM2.5 NAAQS as revised in 2006. 

Generally speaking, this evaluation of the Section 11 0 elements is again provided in the (attached) PM2.5 

criteria table. However, since some of these elements have been given special attention in the most recent 

guidance from EPA, some additional discussion will be provided herein: 

• Section 11 O(a)(2)(D)(i)(I) prohibiting emissions activity within Utah from contributing 

significantly to NAAQS nonattainment in any other State 

There are actually two clauses to this element; one relating to impact on areas not attaining the 

NAAQS and the other addressing interference with efforts to maintain compliance with the 
•,' 

DAQP-020-1 0 

Page 3 

NAAQS in down-wind states. EPA is interpreting this second clause to include areas that are 

meeting the 2006 standard, not merely areas formerly designated nonattainment that would be 

subject to a maintenance plan. The guidance suggests that states should explain whether or not 

emissions from the state "have this impact." 

Absent a pre-defined maintenance area with a SIP that quantifies how much impact is acceptable 

with regard to NAAQS protection, it is not entirely clear how "this impact" differs from either a 

NAAQS violation (first clause) or the prevention of significant deterioration (see below.) Thus, 

for the purpose of this exercise, Utah will look at the whole of Section 110(a)(2)(D)(i)(I) to mean 

that emissions from Utah are neither causing nor contributing in a significant way to NAAQS 

violations in other states. 

Any such assessment to that end would need to be supported by an adequate technical analysis. 

This much was anticipated in the guidance, which however was written at a time when the CAIR 

rule was still in a state of litigation and uncertainty. 

Recalling that, with respect to the 1997 PM2.5 standard, the CAIR rule had itself relied upon such 

a technical analysis to conclude that certain western states did not significantly cause or contribute 

to any NAAQS violations in down-wind states, these western states were encouraged to cite the 

CAIR analysis as evidence that it was not necessary at that time to exercise the authority described 

in Section 11 O(a)(2)(D)(i.) Utah took this approach in a transport SIP for both PM2.5 and 8-hour 

ozone. The SIP was submitted to EPA on March 28, 2007, and EPA proposed approval with an 

effective date ofMay 27, 2008 (see FR 73, No. 61, pp 16543). 

The CAIR analysis, however, did not address the 2006 standard for PM2.5. So, as in interim 

policy, this most recent guidance recommends that each of the states conduct its own regional 

analysis to determine as much for their 110 SIP submittals. 

On August 2, 20 I 0, EPA proposed a new rule to replace the CAIR as a means to address interstate 

transport (see FR 75 No. 147, pp 45210). Again, there are certain western states that were found 

not to contribute in a significant way to any NAAQS violation, for either PM2.5 or ozone, in the 

down-wind states. Utah is among those states. EPA's assessment regarding these western states is 

undoubtedly based on a regional scale technical analysis, and Utah will point to that analysis in 

order to conclude that there are no current or future emissions from within its boundaries that 

either cause or contribute in a significant way to NAAQS violations in any of the down-wind 

states. 

• Section 11 O(a)(2)(D)(i)(II)- prohibiting emissions activity within Utah from interfering with the 

efforts of any other State to Prevent Significant Deterioration of its air quality or protect its 

visibility 

Again with this paragraph, there are two clauses which must be considered: PSD and visibility. 

Concerning PSD - EPA believes this requirement is satisfied for PM2.5 if a state's SIP includes 

preconstruction review programs for major sources that satisfy the requirements of both 

Nonattainment NSR and PSD ( 40 CFR 51.165(b )( 1) and 51.166 respectively). All states are 

currently required to have some form of preconstruction permitting program for PM2.5, and as per 

the guidance, it is not necessary to make any rule revisions specifically for the purpose of Section 

110 unless the area has outstanding program deficiencies. 
DAQP-020-1 0 

Page4 

Utah is currently operating under the PM 10 surrogate policy for the PSD program, as outlined in 

the 1997 EPA memorandum entitled "Interim Implementation ofNew Source Review 

Requirements for PM2.5." Utah intends to incorporate PM2.5 into the PSD program by May 2011, 

as required by the May 16, 2008, PM2.5 Implementation Rule for PM2.5 NSR. We anticipate that 

EPA will have established certain requirements, such as PM2.5 increments and Significant Impact 

Levels, and stack testing requirements that need to be in place before PM2.5 can be adequately 

addressed in the PSD program. Utah is currently operating under the provisions of Appendix S for 

PM2.5 nonattainment areas. 

Concerning visibility - According to the guidance, EPA believes this requirement can be satisfied 

by an approved SIP addressing reasonably attributable visibility impairment (RA VI), if required, 

and an approved SIP addressing regional haze. 

EPA is not aware of any certification by a Federal Land Manager of existing RA VI that remains 

unaddressed by a currently approved SIP or FIP. Accordingly, any state for which EPA has 

approved into its current SIP some or all RA VI elements may satisfy this element with a 

verification that no source within its boundaries emits pollutants that interfere with RA VI measures 

included in the applicable implementation plan of any other state. 

Utah's SIP does in fact address RA VI, and a statement verifying that there are no Utah sources of 

emissions that interfere with implementation ofRA VI SIPs in other states appears within SIP 

Section XXIII (Interstate Transport) and was approved by EPA on March 28, 2008. 

SIP Section XXIII also addresses regional haze with the following statement: "Because Utah 

submitted its first Regional Haze SIP to EPA in December 2003 under 40 CFR 51.309, Utah has 

already demonstrated reasonable progress in reducing impacts on Class I areas on the Colorado 

Plateau. The [forthcoming] 2007 SIP update will analyze any impacts from Utah that extend 

beyond the Colorado Plateau and determine appropriate long-term strategies for control measures." 

Utah submitted this forthcoming regional haze SIP to EPA on September 9, 2008. It includes 

several things that are pertinent to particulate matter, including an enhanced smoke management 

program as well as an Assessment of Need for (NOx and) PM milestones. This evaluation was 

based on an assessment of stationary source emissions ofNOX and PM made by the WRAP 

Market Trading Forum for all WRAP states, including the transport region states. The 2008 SIP 

also addresses the Best Available Retrofit Technology requirement for PM. 

The September 25, 2009, guidance notes that, States intending to rely on a required regional haze 

SIP to satisfy this element of the Section 110 SIP, which had not formally indicated as much in a 

SIP submission or have not submitted a haze SIP, may receive an additional finding of failure to 

submit on this count. Furthermore, it indicates that EPA will be able to fully approve the Section 

110 submittal as satisfying Section 11 0( a)(2)(D)(i)(II) only after it has taken final action approving 

the regional haze SIP. 

Utah did submit its haze SIP and did announce its intention to rely on that SIP to satisfy the 

Section 110 element. We would therefore, at this point, reiterate this intention as well as point out 

the following: a) Utah has an approved transport SIP for the 1997 PM2.5 NAAQS, b) the 2006 

revision to the PM NAAQS only serves to make emissions ofPM2.5 more restrictive. It follows 

that Utah's ability to rectify visibility impairment in a down-wind State would not, thereby, be 

compromised, and c) the technical assessments made in Utah's regional haze SIP still reflect the 
'• 

DAQP-020-10 

Page 5 

fact that PM emissions from stationary sources have a small impact on visibility compared to S02 

emissions and smoke from fire. 

• Section 11 O(a)(2)(G)- providing authority to address activities causing imminent and substantial 

endangerment to public health, including contingency plans to implement emergency episode 

provisions 

As discussed above, Utah had previously indicated that it would amend its emergency episode plan 

as soon as EPA revised its own rules to establish priority classifications and a significant harm 

level for PM2.5. To date, the EPA has still not revised its rules, but the September 25, 2009, 

guidance includes (as attachment B) a table of the Recommended Interim Significant Harm Level, 

Priority Levels, and Action Levels for PM2.5 Emergency Episode Plans. The guidance 

recommends that States set the priority levels and emergency action levels for PM2.5 necessary to 

develop emergency episode plans, and that they consider the levels (including a significant harm 

level) identified in Attachment B. Using these recommended levels, States would develop 

emergency episode plans for any area that has monitored and recorded 24-hour PM2.5 levels 

greater than 140.4 g/m3 since 2006. If this level was never exceeded in any area of the State, it 

could certify that it has the authority to address such episodes but that no specific plans are 

necessary at this time. It also asserts that the levels identified in Attachment B are suitable for both 

the 1997 and the 2006 PM2.5 NAAQS. Monitoring data in Utah demonstrates that the 140.4 g/m3 

has never been exceeded; therefore, our certification herein that we have the authority to address 

such episodes, should they occur, should meet EPA's requirement for Section 110(a)(2)(G.) 

Should you need any further information in this regard, please contact Bill Reiss of my staff at (80 1) 536-

4077. 

Sincerely, . 

M, 

V\.r.,,, 

Cheryl Heying, 

~~ 

dJ,.,~, u 

MCHIBR/cy 

Attachment 
SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST 

SIP Submitted by: 

Date Submitted: 

Subject: Confirmation of 110(a)(2)(A)-(M) PM2.

5 NAAQS Requirements in the SIP 

11 O(a)(2)(A)-(M) Requirements Checklist 

Section llO(a) element Summary of element How Addressed in State SIP Where codified/approved by EPA 

§110(a)(2)(A) include enforceable emission SIP Section I (Legal Authority).A.l.a, Codified at R307-110-2/ EPA 

limitations and other control measures, allows adoption of Standards and limits for approved this SIP originally in the 

means, or techniques (including attainment and maintainence of national early 1980's and most recently on June 

economic incentives such as fees, Standards. (19-2-104 and 109, Utah Code 25, 2003 at 68 FR 37744. 

marketable permits, and auctions of Annotated 1953 (UCA) ) 

emissions rights), as well as schedules 

and timetables for compliance as may 

be necessary or appropriate to meet 

the applicable requirements of this Act. 

§110(a)(2)(B) provide for establishment and SIP Section IV (Ambient Air Monitoring Codified at R307-ll0-5/EPA 

operation of appropriate devices, Program) provides a brief description of the approved this SIP originally in the 

methods, systems, and procedures purposes of the air monitoring program. early 1980's and most recently on June 

necessary to monitor, compile, and 25, 2003 at 68 FR 37744. 

analyze data on ambient air quality, 

and upon request, make such data 

available to the Administrator; 

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§110(a)(2)(C) include a program to provide for the -SIP Section I (Legal Authority).A.l.b, Codified at R307-110-2/ EPA 

enforcement of the measures described allows for enforcement of applicable laws, approved this SIP originally in the 

in subparagraph (A) and regulation of regulations and standards and seek early 1980's and most recently on June 

the mod~fication and construction of injunctive relief. (Sections 19-2-104 and 25, 2003 at 68 FR 37744. 

any stationary source within the areas 19-2-115, UCA) 

covered by the plan as necessary to 

assure that national ambient air -SIP Section I (Legal Authority).A.l.d, 

quality standards are achieved, provides authority to prevent construction, 

including a permit program as modification or operation of any stationary 

required in parts C and D; source at any location where emissions 

from such source wi II prevent the 

attainment or maintenance of a national 

standard or interfere with prevention of 

significant deterioration requirements. 

(Authority Utah Code Section 19-2-108) 

§ 110(a)(2)(D) contain adequate provisions- SIP Section XXIII (Interstate Transport) Codified at R307-110-36/ This SIP 

(i) prohibiting, consistent with the This SIP was written to satisfy the was submitted to EPA on March 28, 

provisions of this title, any source or requirements of section 110(a)(2)(D)(i) of 2007, and EPA proposed the approve 

other type of emissions activity within the clean air act for the new NAAQS for of this submittal on March 28, 2008 at 

the state from emitting any air PM2.5 and 8-hour ozone were promulgated 73 FR 16543, which will go into 

pollutant in amounts which will-- in 1997. effect on May 27, 2008. 

( /) contribute significantly to 

nonattainment in, or interfere with 

maintenance by, any other state with 

respect to any such national primary 

or secondary ambient air quality 

standard, or 

(II) interfere with measures 

required to be included in the 

applicable implementation plan for 

any other State under part C to prevent 

significant deterioration of air quality 

or to protect visibility, 

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(ii) insuring compliance with the 

applicable requirements of sections 

126 and 115 (relating to interstate and 

international pollution abatement); 

§ 110(a)(2)(E)(i) provide SIP Section V (Resources) provides the Codified at R307-ll0-6/ EPA 

(i) necessary assurances that the Division of Air Quality commits to program approved this SIP originally in the I 

state (or, except where the activities in relation to resources provided early 1980's and most recently on June 

Administrator deems inappropriate, by the annual State/EPA Agreement and 25, 2003 at 68 FR 37744. 

the general purpose local government 105 grant applications. The State/EPA 

or governments, or a regional agency Agreement and 105 grant applications. I 

designated by the state or general I 

I 

purpose local governments for such 

purpose) will have adequate personnel, 

funding, and authority under state 

(and, as appropriate, local) law to 

carry out such implementation plan 

(and is not prohibited by any provision 

of federal or state law from carrying 

out such implementation plan or 

portion thereof); 

§110(a)(2)(E)(ii) (ii) requirements that the state comply SIP Section I (Legal Autlwrity).A.I.g., Codified at R307-110-2/ EPA 

with the requirements respecting state recognizes the requirement that the State approved this SIP originally in the 

boards under section 128, and comply with provisions of the Clean Air early 1980's and most recently on June 

Act (Section 128) respecting State Boards. 25, 2003 at 68 FR 37744. 

(Sections 19-2-104 UCA ) 

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§ 110(a)(2)(E)(iii) (iii) necessary assurances that, where Section 41-6a-1642 provides the counties Codified at R307-110-31/EPA 

the state has relied on a local or the authority to run their own emissions approved this SIP section on 

regional government, agency, or inspection and maintenance program, and November 2, 2005 at 70 FR 66264. 

instrumentality for the implementation Subsection 41-6a-1642 (2) (b)(i) requires Codified at R307-32/ EPA approved 

of any plan provision, the state has the counties emissions inspection and this SIP section on July 17, 1997 at 62 

responsibility for ensuring adequate maintenance program to be made to attain FR 38213. 

implementation of such plan provision; or maintain ambient air quality standards in Codified at R307-33/ EPA approved 

the county, consistent with the state this SIP section on August 1, 2005 at 

implementation plan and federal 70 FR 44055. 

requirements. Section X of the SIP outlines Codified at R307-34/ EPA approved 

the specific requirements of the automotive this SIP section on November 2, 2005 

inspection and maintenance program. at 70 FR 66264. 

Codified at R307-35/ EPA approved 

this SIP section on September 14, 

2005 at 70 FR 54267. 

§ 110(a)(2)(F) require, as may be prescribed by the -SIP Section I (Legal Authority).A.l.f., -Codified at R307-110-2/ EPA 

Administrator- requires owners or operators of stationary approved this SIP originally in the 

(i) the installation, maintenance, and sources to install, maintain and use early 1980's and most recently on June 

replacement of equipment, and the emission monitoring devices; and to make 25, 2003 at 68 FR 37744. 

implementation of other necessary periodic reports to the State Department of 

steps by owners or operators of Environmental Quality on the nature and 

stationary sources to monitor amounts of emissions from such sources. 

emissions from such sources, The State Department ef Environmental 

(ii) periodic reports on the nature Quality will make such data available to the 

and amounts of emissions and public as reported and as correlated with 

emissions-related data from such any applicable emission standards or 

sources, and limitations. (Sections 19-2-104, UCA) 

(iii) correlation of such reports by 

the state agency with any emission -SIP Section Ill (Source Surveillance) - Cadi fied at R307 -110-4/ EPA 

limitations or standards established includes inventory requirements, stack approved this SIP originally in the 

pursuant to this Act, which reports testing, and plant inspections {Sections 19- early 1980's and most recently on June 

shall be available at reasonable times 2-107 and 19-2-108, UCA, allow inspection 25, 2003 at 68 FR 37744. 

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•' 

for public inspection; of air pollution sources) 

§110(a)(2)(G) provide for authority comparable to SIP Section I (Legal Authority ).A.1.c, -Codified at R307-110-2/ EPA 

that in section 303 and adequate provides authority to abate pollutant approved this SIP originally in the 

contingency plans to implement such emissions on an emergency basis to early 1980's and most recently on June 

authority; prevent substantial endangerment to the 25, 2003 at 68 FR 37744. 

health of persons. (Section 19-2-112, UCA) 

More details at can be found in SIP -Codified at R307-110-8/ EPA 

Section VII (Prevention of Air Pollution approved this SIP originally in the 

Emergency Episodes) (Section 19-2-112, early 1980's and most recently on June 

UCA). A February 12, 2007 OAQPS Issue 25, 2003 at 68 FR 37744. 

Paper indicated that EPA will be issuing a 

significant harm level rule for PM2.5. 

Utah will address the requirements of 110 

(a)(2)(G) after EPA promulgates this rule. 

§ 110(a)(2)(H) provide for revision of such plan- SIP Section I (Legal Authority).A.l.a., Codified at R307-110-2/ EPA 

( i) from time to time as may be provides the ability for UDAQ to revises its approved this SIP originally in the 

necessary to take account of plans to take account of revisions of early 1980's and most recently on June 

revisions of such national primary or national ambient air quality standard and to 25, 2003 at 68 FR 37744. 

secondary ambient air quality adopt expeditious methods of attaining and 

standard or the availability of maintaining such standard. 

improved or more expeditious 

methods of attaining such standard, 

and 

(ii) except as provided in 

paragraph (3)(C), whenever the 

Administrator finds on the basis of 

information available to the 

Administrator that the plan is 

substantially inadequate to attain the 

national ambient air quality 

standard which it implements, or to 

otherwise comply with any 

additional requirements established 

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.. 

under this Act; 

§ 110(a)(2)(1) in the case of a plan or plan revision SIP Section I (Legal Authority).A.l.a, Codified at R307-ll0-2/ EPA 

for an area designated as a adopts measures to attainment and approved this SIP originally in the 

nonattainment area, meet the maintenance of national standards. early 1980's and most recently on June 

applicable requirements of part D SIP Section I (Legal Authority).A.l.b: 25, 2003 at 68 FR 37744. 

(relating to nonattainment areas); Construction permits of Part D 

§110(a)(2)(J) meet the applicable requirements of -'SIP Section I (Legal Authority).A.2: Codified at R307-110-2/ EPA 

(§ 121 section 121 (relating to consultation), adopts requirements for transportation approved this SIP originally in the 

consultation) ... consultation(Section -174, Clean Air Act) early 1980's and most recently on June 

25, 2003 at 68 FR 37744. 

Codified at R307-110-7/ EPA 

-SIP Section VI (Intergovernmental approved this SIP originally in the 

Cooperation), provides a brief listing of early 1980's and most recently on June 

federal, state, and local agencies involved in 25, 2003 at 68 FR 37744. 

protecting air quality in Utah. 

Codified at R307-110-20/ EPA 

approved SIP Section XII 

Involvement, but it has been 

-SIP Section XII (Tran.\portation superseded by SIP Section XII 

Conformity Consultation), establishes the Transportation Conf'ormity 

consultation procedures on transportation Consultation, which was submitted to 

conformity issues when preparing state EPA on June 26, 2007, but EPA has 

plans. not approved this SIP. 

§110(a)(2)(J) meet the applicable requirements of SIP Section XVI (Public Not~fication) Codified at R307-110-24/ EPA 

(Section 127 public section 127 ofthis title (relating to adopts the requirrnents to notify the public approved this SIP originally in the 

notification) public not~cation) when NAAQS have been exceeded as per early 1980's and most recently on June 

section 127. 25, 2003 at 68 FR 37744. 

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§110(a)(2)(J) meet the applicable requirements of ... -SIP Section VIII (PSD) describes the -Codified at R307-110-9/ EPA 

(PSD) part C (relating to prevention of program to prevent significant deterioration approved SIP Section VIII PSD, but it 

sign~ficant deterioration of air quality of areas of the state where the air is clean. has been updated and superseded by a 

and visibility protection); new SIP Section VIII PSD, which was 

submitted to EPA on September 15, 

2006. 

-SIP Section XVII (Visibility Protection) -Codified at R307-110-25/ EPA 

describes the program to protect visibility, approved this SIP in April 1997 and 

especially within the boundaries of the five most recently on June 25, 2003 at 68 

national parks located in Utah. (Sections FR 37744. 

19-2-101 and 104, UCA) 

§ 110(a)(2)(K) provide for: SIP Section II (Review of New and Mod~fied CodifiedatR307-110-3/ EPA 

(i) the performance of such air Air Pollution Sources), provides for new or approved this SIP originally in the 

quality modeling as the Administrator modified sources of air pollution must early 1980's and most recently on June 

may prescribe for the purpose of submit plans to the Division of Air Quality 25, 2003 at 68 FR 37744. 

predicting the effect on ambient air and receive an Approval Order before 

quality of any emissions of any air operating. (Section 19-2-104, UCA) 

pollutant for which the Administrator 

has established a national ambient air 

quality standard, and 

( ii) the submission, upon request, of 

data related to such air quality 

modeling to the Administrator; 

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§110(a)(2)(L) require the owner or operator of each SIP Section I (Legal Authority).A.1.h: Codified at R307-110-2/ EPA 

major stationary source to pay to the authorizes a fee to major sources to cover approved this SIP originally in the 

permitting authority, as a condition of permit and enforcement expenses. early 1980's and most recently on June 

any permit required under this Act, a 25, 2003 at 68 FR 37744. 

fee sufficient to cover-

(i) the reasonable costs of reviewing 

and acting upon any application for 

such a permit, and 

(ii) if the owner or operator receives 

a permit for such source, the 

reasonable costs of implementing and 

enforcing the terms and conditions of 

any such permit (not including any 

court costs or other costs associated 

with any enforcement action), until 

such fee requirement is superseded 

with respect to such sources by the 

Administrator's approval of a fee 

prof.?ram under title V; 

§110(a)(2)(M) provide for consultation and SIP Section VI (Intergovernmental Codified at R307-110-7/ EPA 

participation by local political Cooperation) lists federal, state, and local approved this SIP originally in the 

subdivisions affected by the plan. agencies involved in protecting air quality early 1980's and most recently on June 

in Utah. 25, 2003 at 68 FR 37744. 

SIP Section XII (Transportation Codified at R307-110-20/ EPA 

Conformity Consultation) establishes the approved SIP Section XII 

consultation procedures on transportation Involvement, but it has been 

conformity issues when preparing state superseded by SIP Section XII 

plans. Transportation Conformity 

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Consultation, which was submitted to 

EPA on June 26, 2007, but EPA has 

not approved this SIP. 

§§110(a)(2)(C) & Part C Permit program: 

10(a)(2)(J) §110(a)(2)(J) meet the applicable - SIP Section I (Legal Authority).A.1.d.: -Codified at R307-110-2/ EPA 

requirements of ... part C (relating to provides authority to prevent construction, approved this SIP originally in the 

prevention of significant deterioration modification or operation of any stationary early 1980's and most recently on June 

of air quality and visibility protection); source at any location where emissions 25, 2003 at 68 FR 37744. 

from such source will prevent the 

§JJO(a)(2)(C) ... regulation ofthe attainment or maintenance of a national 

modification and construction of any standard or interfere with prevention of 

stationary source within the areas significant deterioration requirements. -Codified at R307-110-9/ EPA 

covered by the plan as necessary to (Authority Utah Code Section 19-2-108) approved SIP Section VIII PSD, but it 

assure that national ambient air has been updated and superseded by a 

quality standards are achieved, new SIP Section VIII PSD, which was 

including a pemzit program as submitted to EPA on September 15, required in parts C and D; 2006. 

40 CFR 51.166: Amend PSD - SIP Section VIII (PSD), describes the 

regulations as required by the program to prevent significant deterioration -Codified at R307-ll0-25/ EPA 

November 29, 2005.final rule (70 FR of areas of the state where the air is clean. approved this SIP in April 1997 and 

71612 at 71699-71700). See also 70 most recently on June 25, 2003 at 68 

FR 71671-71684. FR 37744. 

-SIP Section XVII (Visibility Protection) 

describes the program to protect visibility, 

especially within the boundaries of the five 

national parks located in Utah. (Sections 

19-2-101 and 104, UCA) 

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